Families of SOs Community Group
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The family of my son's victim has filed a civil suit against my son. He still owes his criminal atty several thousand dollars and his sentencing hearing will be on Dec 9th. The pre-sentence investigator has recommended ten years in prison.
My son has no money for a civil lawyer, one of whom quoted at least $5,000 just for a retainer. We can't afford to hire another attorney. We can't afford anything else at this time. My son has no assets and a huge mountain of debt, some of which is owed to the IRS for back taxes.
Does anyone know what would happen if we just respond to the civil suit by writing a letter to the Clerk of the Court, advising them that we have no money for an attorney and no assets?
My son has no money for a civil lawyer, one of whom quoted at least $5,000 just for a retainer. We can't afford to hire another attorney. We can't afford anything else at this time. My son has no assets and a huge mountain of debt, some of which is owed to the IRS for back taxes.
Does anyone know what would happen if we just respond to the civil suit by writing a letter to the Clerk of the Court, advising them that we have no money for an attorney and no assets?
http://www.justanswer.com/sip/law?r=ppc|ga|1|Law|Legal&ofid=7&JPKW=question%20legal&JPDC=S&JPST=&JPAD=8890299483&JPMT=b&JPNW=g&JPAF=txt&JPCD=20111123&JPRC=1&JPOP=Every9secHybridTrans&gclid=CM37lsDJ4awCFQYBQAod-18qmw
http://www.eanswer.com/law/?r=ppc|ga|9|Law|Lawyer&JPKW=ask%20a%20lawyer&JPDC=S&JPST=&JPAD=5822332029&JPAF=txt&JPCD=20100518&JPRC=1&gclid=CNH6ssLJ4awCFc7AKgodTWGsng
http://www.freeadvice.com/
Now with all that said, you wouldn't be writing the Clerk but the Judge that has been assigned your case. And you would write you letter in rebuttal to the one that was sent to you, The Complaint, I believe it is called. Depending on what that letter says specifically will depend on how you respond.
Also remember it might be the court's job to make a judgement on the money, it is still up to the plaintiff to collect that money. For instance when you are awarded a judgement in court it does not mean that the defendant has to pay you right away or AT ALL. Also, at least here in WI, the 'winner' of a civil case with monetary awards like this pays all the attorney fees too I believe... so lets say that you take this to court and win, you could still be stuck with the plaintiffs attorney fees... if they take it to court and they win and you lose, they may have to pay your attorney fees... When it comes to these kinds of cases the variances are very subtle and there are millions of ways they can litigate this crap out...
Hope that helps..
That said, the vast majority of [prisoners] who are sued (and it is not all that common except in divorse cases) while incarcerated do not win and largely becuase the DOC will not permit them to attend the court proceedings and the civil trial. To the extent that they would be permitted it would happen by court order. Your son could file a writ with the court to ask that the court order his attendance.